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INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : Zenodo
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Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
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Articles 254 Documents
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ANALISIS IMPLEMENTASI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DARI PRESPEKTIF TEORI KEADILAN (Studi Kasus Di Kota Gorontalo) Lion Hidjun; Agustina Bilondatu; Yusrianto Kadir
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Implementation of Law Number 12 of 2022 concerning Acts of Sexual Violence from the Perspective of the Theory of Justice. Sexual violence is violence that occurs because of sexual issues. Sexual violence is generally committed against partners. Law enforcement is less effective and tends to be unable to thoroughly deal with crimes both in terms of quality and quantity. This research is a qualitative descriptive, empirical legal research method, with a statute approach and an analytical conceptual approach. The results of the study show that the implementation and enforcement of Law Number 12 of 2022 concerning acts of sexual violence in the city of Gorontalo have been carried out by law enforcement agencies following the provisions of the law accompanied by fines, then court decisions are determined by courts against perpetrators of crimes of sexual violence carried out following the demands and charges of the Prosecutor. The severity of the sentence depends on the motive, behavior of the witness, and the incident of the sexual crime. In conclusion, the implementation of law enforcement against crimes of sexual violence in the city of Gorontalo has been carried out by police agencies, prosecutors, and courts, enforcement of Law Number 12 of 2022 is carried out through Rechterlijk Pardon or pardons by judges in the form of decisions
EFEKTIFITAS UNDANG-UNDANG NO. 17 TAHUN 2008 TENTANG PELAYARAN TERHADAP KESELAMATAN PENUMPANG TRANSPORTASI LAUTPADA PT. ASDP FERRY CABANG KUPANG BOLOK Shelvia Sipa Hekin; Stefanus Don Rade
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Indonesia is a Maritime Country, where Indonesia's seas are wider than its land. Therefore, it is certain that there will be modes of transportation as facilities and infrastructure to support the movement of people. Therefore, the problem in this journal is how to organize the transportation of passengers in sea transportation, forms of protection and also make the existing regulations effective, namely Law No. 17 of 2008 concerning shipping for the safety of sea transportation passengers in this case conducting research on PT. ASDP Kupang Bolok Ferry Branch.The research method used in this study is normative juridical research, because this research originates from positive law by looking at its relevance in its application in society, then the data obtained is analyzed qualitatively. Normative qualitative, namely the data obtained after being systematically arranged to be analyzed qualitatively normatively in the form of descriptions, so that conclusions can be drawn to achieve clarity regarding the issues to be studied. The results of the literature will be used to analyze the data, then the data will be analyzed qualitatively normatively to answer the problems in this journal.The main conclusion that can be drawn from the writing of this journal is that with the promulgation of Law No. 17 of 2008, it has also regulated how legal protection for users of sea transportation services, which expressly prohibits carriers from being responsible at all or limited to losses incurred caused by the means of transportation, proof of the existence of a transportation agreement is a passenger ticket. As for the suggestion in writing this journal is to increase its ability to support its obligations as the executor of transportation, the carrier together with the community and the government must work together to realize this.
MENUMBUHKAN DAN MENGEMBANGKANETIKA, MORALITAS DAN SPIRITUALITAS DALAM PENEGAKAN HUKUM PAJAK Wahyudi Wahyudi
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Justice as the essence of law is a basic spiritual need of society. Without the availability of rational and good law, a society will be sick. Law cannot be separated from the spiritual structure of society, because law is essentially a part of culture, an incarnation of the personality of society and correlates with the structure of thinking and the value base of society. In this case the law determines an act that may or may not be performed. The essence of a good law will always respond and rectify the imbalance in the implementation of obligations compared to the rights of every citizen or community group as supporters of the law. At the pre-conventional level, motivation for moral decisions comes from fear of punishment (stage 1) or from self-interest, such as meeting one's own needs (stage 2). At the conventional level, the influence of moral decisions comes from social groups so that individuals act to please or help others (stage 3) or to comply with social, legal or religious norms; also called rule-based moral reasoning (stage 4). Finally, at the postconventional level, individuals make ethical decisions based on concepts of justice such as individual rights and socially accepted standards (stage 5) or universal ethical principles as defined by the individual's conscience (stage 6).
STUDI EMPIRIS TENTANG EFEKTIVITAS PERLINDUNGAN HUKUM TERHADAP PEMBELI DALAM JUAL BELI TANAH SENGKETADI KUPANG(Studi Kasus Tanah Di Naimata) Firgilius Kandro Mego Asman; Giovani Don Bosco Nggabut; Bendiktus Peter Lay
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Average selling rights to land according to Regulation No. 24 of 1997 shall be evidenced by a deed made by a PPAT. Changes in this procedure does not negate the provisions of customary law governing the institution in terms of material and selling land rights. But people still buy and sell land rights under hand. One example of the results of the study authors found cases of buying and selling land rights conducted under the hand of the study sites namely residential areas in the village area Madyopuro Kedungkandang subdistrict, Malang. Sale and purchase of land rights are carried out under the hand has problems, especially for buyers who will make the process to change the name of the certificate to be registered to the Land Office of Malang. Therefore, if the sale and purchase of land rights is conducted under the hand, it can not be registered at the Land Office of Malang to be processed to change the name in the certificate Research conducted in this thesis is an empirical study using sociological juridical approach. Based on these results above regarding legal protection for the buyer to do a sale and purchase of land rights under hand it can be concluded (1) the buyer does not get the legal protection of land he had bought; (2) the buyer does not obtain legal certainty on the land he had bought; (3) the buyer does not get strong evidence right on land bought. This of course would be detrimental to the buyer who purchases land rights committed under hand. This event is expected to bring to the community, especially for the buyers when buying and selling land rights should be conducted in the presence of PPAT so get protection and legal certainty of land bought.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN MAKANAN TANPA TANGGAL KADALUARSA BERDASARKAN UUPK Larasati Azahra; Johannes Sahat Tua Siadari, Haidy Alaina Shalatin, Zulfenia Arzilla Ramadhini, Muhammad Zeta Rifqi,
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Packaged food is a very popular product in today's consumer market. However, the most important thing is to pay attention to the presence of packaged food without a clear expiration date. This raises concerns about the safety and quality of products used by consumers. The purpose of this study is to analyze consumer protection for packaged food using search terms as a reference. First, this research examines existing definitions and regulations for packaged food that does not have an expiration date. We then looked at the problems that can arise from packaged foods that do not have a clear expiration date. In addition, this study discusses various strategies that can be implemented by the government, producers and consumers to protect consumers from food packaging that does not have an expiration date. This strategy includes more regulation, tighter controls, better consumer awareness and product quality. The research method used is a normative legal approach, because it studies the provisions of laws and regulations, especially UUPK and other regulations related to them. We hope that the results of our group's research can contribute to a better understanding of consumer protection for food packaging with no expiration date. It is also expected to be able to provide effective policy recommendations to overcome this problem and increase consumer safety and confidence in the packaged food they consume.
UPAYA PENYELESAIAN SENGKETA WILAYAH DAN PENGAMANAN KAWASAN PERBATASAN MARITIM ANTARA REPUBLIK INDONESIA DAN REPUBLIK DEMOKRATIK TIMOR LESTE Noval Ardhan Djadi; Oktafyano Rudolfo Haryanto; Yohanes Arman
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

A country is recognized by having a firm and clear area or territory, the existence of a government that controls the country, and the existence of people or residents who inhabit the area and are recognized by neighboring countries that border and are accepted internationally. The border area of a country is the main capital of a country's sovereignty. Border areas often cause various problems related to regional management. There are three main problems in the management of border areas between countries, namely: Determination of boundary lines both on land and sea, Security of border areas, Development of border areas. In the border between the Republic of Indonesia and the Democratic Republic of Timor Leste, there is a border problem, namely land grabbing. The Government of the Republic of Indonesia said the issue of State boundaries is a matter of State sovereignty so that it cannot be underestimated, therefore our vigilance must be increased in order to maintain the territorial integrity of the Republic of Indonesia. Border management is not only in terms of security but must also be considered the prosperity of border areas. The purpose of this scientific paper is to determine efforts to resolve border area disputes between the Republic of Indonesia and the Democratic Republic of Timor Leste and to determine the management of maritime border area security between the Republic of Indonesia and the Democratic Republic of Timor Leste. In an effort to resolve the territorial boundary dispute, it can be seen that the dispute settlement method carried out by both parties, in this case Indonesia and Timor Leste, is to use peaceful dispute settlement, by negotiation or negotiation, the two countries negotiate and review several cooperation agreements that have been carried out. Preventive measures against real threats, unreal threats, and threat mindset on the maritime border between Indonesia and Timor Leste by carrying out Intelligence Operations in the Field of Investigation, optimizing regional or regional intelligence functions, synergy in the regions, increasing security patrols and counterintelligence by carrying out positive activities including Social Communication Development and Regional Defense Development activities to the community and students in maritime border area between Indonesia and Timor Leste.
ETIKA POLITIK DALAM FIQH SIYASAH: STUDI TENTANG PRINSIP AKHLAK DALAM POLITIK MENURUT PERSPEKTIF FIQH Indra Utama Tanjung; Dhiauddin Tanjung
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
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Ethics plays an important role in the world of politics, especially in the contemporary political context which is often filled with practices that violate norms and ethics. Fiqh, as a discipline that studies Islamic laws, offers ethical guidance in politics. This research focuses on the application of political ethics in Fiqh in a contemporary political context. The Problem Although Fiqh offers guidance on political ethics, its application in contemporary political contexts often encounters challenges, such as highly competitive political systems and differing interpretations of what is considered ethical. This study uses literature research methods, through critical and systematic analysis of various relevant sources of literature on political ethics in Fiqh. The conclusion of this study is that ethical principles in Fiqh, such as fairness, honesty, consultation (shura), and accountability, can help shape politics that is more just, responsible, and oriented to the public interest. However, applying these principles requires a deep understanding of Fiqh and the contemporary political context, as well as a strong commitment to ethics and justice.
ANALISIS HUKUM TERHADAP PELANGGARAN HAK CIPTA PENGGUNA MEDIA SOCIAL APLIKASI TIKTOK DITINJAU MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Sumarjo Makitulung; Arrisman
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
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The use of the TikTok application in practice reaps pros and cons, because the TikTok application has a feature for uploading songs using songs from the application users themselves, which sometimes users do not do permission for the songs uploaded to the application. The problems in this research are How to identify copyright infringement by users of the TikTok application?, What is the legal protection for creators/copyright holders in the event that their songs are used in the TikTok application without approval according to Law Number 28 of 2014 concerning Copyright?, What is accountability? law on TikTok application users for copyrighted songs used in the TikTok application without the consent of the creator/copyright holder according to Law Number 28 of 2014 concerning Copyright?. The research method used is the juridical normative method, namely the researcher will analyze based on secondary data which includes laws and books. The results of the research show that the identification of copyright infringement by users of the TikTok application according to Law Number 28 of 2014 concerning Copyright, namely violating moral rights and economic rights. Legal protection for creators/copyright holders in the event that their song is used in the TikTok application without approval according to Law Number 28 of 2014 is that the copyright holder has the right to take legal action through litigation/court and non-litigation/settlement outside the court. These legal efforts are criminal and civil legal efforts. The legal responsibility of TikTok application users for copyright infringement in the TikTok application according to Law Number 28 of 2014 can be distinguished in the criminal and civil domains.
KEDUDUKAN AKTA JUAL BELI SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH Andri Pranata; Ade Indra Wardana
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
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Abstract

The Deed of Sale and Purchase is an authentic deed as the strongest evidence having an important role in every legal relationship in people's lives which can strictly determine rights and obligations so as to guarantee legal certainty and at the same time be able to avoid disputes. If there is a dispute over the authentic deed as evidence, it is the strongest evidence and has perfect evidentiary power in court. When an individual or group buys or sells land, they must enter into a sale and purchase contract or agreement. The contract must include information about the parties involved, the amount of money transferred, and a description of the land being sold. After that, the sale and purchase deed must be registered with the local land office to obtain a legal and official land certificate. It is this land certificate which then becomes proof of the legality and legitimacy of the ownership of the land, as well as providing legal certainty for the rights of ownership of the land. Therefore, it is very important for the land owner to register the deed of sale and purchase at the land office and obtain a valid and official land certificate. So the question is how strong is the Proof of the Deed of Sale and Purchase of Ownership of Land Rights and what are the reasons for an individual or group not registering land after carrying out a land sale and purchase transaction as evidenced by the Deed of Sale and Purchase. This research is normative legal research. Data collection techniques in this study are document studies and interviews, while the location of this research will be carried out in Samarinda City. The data that has been collected from library research and from field research is then analyzed qualitatively. The strength of proof of the deed of sale and purchase of land on the ownership of land rights has an important position in civil law. As an official document that transfers ownership of land rights from the seller to the buyer, the deed of sale and purchase of land has strong evidentiary power as legal proof of ownership of land rights. However, it is important to remember that the strength of the proof of the land sale and purchase deed also depends on several factors, such as the legality of the documents, land ownership status, payment and settlement of the selling price, and registration of the land sale and purchase deed with the BPN. Therefore, before buying land, it is important to ensure that the deed of sale and purchase of land is valid and meets the legal requirements in force in that country. There are several reasons why a person or group does not register land after carrying out a sale and purchase transaction as evidenced by a Sale and Purchase Deed, such as expensive registration fees, distrust of the government, and not knowing the procedure for land registration.
ANALISIS YURIDIS PENGUPAHAN PADA SEKOLAH DASAR ISLAM TERPADU AL HAMIDIYYAH BOJONGGEDE KABUPATEN BOGOR Ahmad Madroji; Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
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Abstract

Because the characteristics of education are non-profit, the most appropriate form of legal entity is a foundation. According to article 1 point 1 of Law no. 16 of 2001 concerning Foundations as Amended by Law no. 28 of 2004 (Foundation Law), a foundation is a legal entity consisting of segregated assets and intended to achieve certain goals in the social, religious and humanitarian fields. A polemic arose regarding remuneration based on the Law on Teachers and Lecturers Number 14 of 2005 in article 15 paragraph 3 which reads as follows; 'Teachers appointed by education units organized by the community are given a salary based on a work agreement or collective bargaining agreement. Apart from that, there is a strengthening of article 21 of Government Regulation Number 36 of 2021 concerning Wages which reads; ``That the structure and scale of wages is an obligation that must be prepared and implemented by the Company with due regard to productivity and capabilities`. So with the clause mentioning 'Teacher remuneration by the Foundation is determined based on a work agreement or collective work agreement' based on laws and government regulations regarding wages, it becomes clear that remuneration practices in private schools are not standardized in terms of remuneration and moreover fulfilling the rights of teachers for a decent living.

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